Duncan man sentenced for lewd act on child under 16

Monday

Sep 9, 2013 at 7:18 PM

A Duncan man charged with sexually assaulting a 5-year-old girl pleaded no contest Monday to lewd act upon a child under 16.

From staff reports

A Duncan man charged with sexually assaulting a 5-year-old girl pleaded no contest Monday to lewd act upon a child under 16.Circuit Court Judge Keith Kelly sentenced James David King, 25, of 550 S. Pond View Dr. to five years in prison. Kelly honored the wishes of the girl's family and did not give King credit for time he served on home detention while awaiting trial.King was charged with first-degree criminal sexual conduct with a minor younger than 11 in December 2010. According to a Spartanburg County Sheriff's Office report, a woman told deputies the girl told her that King took her into her bedroom and made her perform a sex act on him.King entered an Alford plea. In an Alford plea, a defendant does not admit guilt, but concedes the prosecution has evidence to likely convict them.The victim's family addressed the court. One said King has had a “good” three years on home detention — saying he fathered a child and was popular on social media websites.“I don't believe he has changed or learned anything while on house arrest,” she said. The Herald-Journal does not name victims of sexual assault. She called the sentence petty; another relative said he robbed the girl of childhood.King's attorney, Rob Usry, told the judge that the defense and prosecution negotiated because of the “enormous” stakes of a trial and possible guilty verdict. First-degree criminal sexual conduct with a minor younger than 11 carries a prison sentence of 25 years to life.King also was represented by Bob Holland, who told the judge that King denied sexually assaulting the child, but said the case “could have gone either way,” since it involved a small child with no physical injury.“The person I'm most concerned about is (the victim),” Kelly said before sentencing.Kelly ordered that King be added to the sex offender registry and have no contact, direct or indirect, with the victim.

Never miss a story

Choose the plan that's right for you.
Digital access or digital and print delivery.